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4 <br /> re■ " <br /> R "OWN OF AIASHPEE <br /> r� <br /> � <br /> P.O. Bob 208 <br /> 4 OLE SPE , MASSACHUSEM 02649 <br /> 30 Epstein, Pier and float at 45 Wheelhouse Lane' <br /> On August 15, 1984 the Mashpee Con Comm denied the Epstein pier based on Coastal <br /> Zone Regulation Section 23, Part 2.4 ACEC Area. The applicant appealed to DEE <br /> and received a Superseding order approving the dock and float a er the State <br /> i determined that the project was outside of the boundary of the A E . <br /> At this point the applicant built tyre-pier and received a cert of Comp. from the <br /> State DEE, however they never came back to the Town to amend their order of <br /> Conditions under the Mashpee Town Wetland Bylaw. <br /> As the pier~ is not in the ACEs area (which was the basis for the Town denial) 4Y <br /> and l feel that to remove the structure now would cause more harm to the <br /> environment then if it were left in place, l would recommend that the original <br /> oof conditions be amended to approve the pier as built per the Notice of Intent. <br /> 7;45 Glickman RDA 45 Pond circle <br /> The applicant proposes to remove leaves, stones debris vegetat i o_n etc. and to <br /> add "clean-" sand to an Area Subject to Protection under the Act, specifically <br /> 310 CMR 10.35 <br /> "When a proposed project involves the dredging, filling removing <br /> r alteri-ng of a bank of a fish run or land under. ..p end. ..which is a fish run <br /> the issuing authority shall presume that such bank or lard is significant to the <br /> Protection of marine fisheries.. 0" <br /> and 310 CMR 10. 2 Definition Baal <br /> Thre ' is an observalbe slope leading down to the pond where erosion of the bank <br /> has already occured* If loose sand were placed on the bank it would eventually <br /> erode into Johns pond affecting water quality and fisheries. I would recommend <br /> a Positive Determination <br />